State police release arrest report on parks director

Illinois State Police released a field report detailing the drunken driving arrest of Springfield parks director Michael Stratton on Thursday, more than two months after The State Journal-Register first sought the document.

By BRUCE RUSHTON

The State Journal-Register

By BRUCE RUSHTON

Posted May. 1, 2009 at 12:01 AM
Updated May 1, 2009 at 12:05 AM

By BRUCE RUSHTON

Posted May 1, 2009 at 12:01 AM
Updated May 1, 2009 at 12:05 AM

Illinois State Police released a field report detailing the drunken driving arrest of Springfield parks director Michael Stratton on Thursday, more than two months after The State Journal-Register first sought the document. Click here to see a PDF of the report.

Police initially claimed that releasing the report would be against the law. Earlier this week, acting state police director Jonathon Monken said he thought releasing the records might constitute a misdemeanor.

But in a strongly worded letter to Monken on Tuesday, Attorney General Lisa Madigan’s office said the documents must be released under the state Freedom of Information Act. Failure to do so demonstrated a “continued unwillingness” by the police to comply with open-record laws, the attorney general said. Click here to see a PDF of that letter.

The attorney general’s opinion made all the difference, according to Gov. Pat Quinn’s office.

“We wanted to make sure we were doing the right thing,” said Bob Reed, spokesman for the governor. “And when the attorney general’s office sanctioned the move, we moved ahead.”

Springfield attorney Don Craven, who frequently represents plaintiffs in FOIA lawsuits, stopped short of saying release of the report constitutes a new day in Illinois, where state police and other law enforcement agencies routinely refuse records requests for police reports.

“I’ll give you it’s a new hour — I won’t give you it’s a new day,” Craven said.

But Craven said the decision sends a message.

“For police agencies across the state, they need to take notice that full field reports in routine traffic and criminal matters can be released and should be released and must be released,” Craven said.

State police did not release a video taken in the course of Stratton’s arrest. John Hosteny, interim chief legal counsel for the agency, said he would look into whether the video can be disclosed. Other than the video, Hosteny said he believes state police have now turned over all their records in the Stratton case.

The state FOIA recognizes a right to privacy, which is one of the reasons police initially said the records could not be released. Reed said consideration of individual rights accounted for the unusual length of time it took to decide whether the records could be made public.

“There is a balance here between providing the information and protecting the rights of others,” Reed said. “There will always be cases that require additional review. But this administration leans toward disclosure.”

Bruce Rushton can be reached at 788-1542.

WHAT THE REPORT SAYS

Page 2 of 2 -

An Illinois State Police report on the drunken driving arrest of Springfield parks director Michael Stratton is the essence of routine.

Stratton was arrested Feb. 24 after his Dodge pickup rolled over at the Illinois 29-Interstate 55 interchange.

According to the report, Stratton told a trooper he believed the truck rolled at least six times. In fact, a trooper wrote, evidence showed the truck had rolled once or twice.

The report says Stratton told a trooper he had consumed three or four Bass beers while eating chicken wings over the course of 90 minutes.

Stratton allegedly failed several field sobriety tests. He put his foot down five times when asked to stand on one leg, a trooper reported, and he also had trouble walking in a line heel-to-toe fashion. He also had difficulty touching his finger to his nose, police said.

When a trooper asked Stratton to estimate his blood-alcohol content, Stratton guessed .06 percent, according to the report.

A portable breath test administered 35 minutes after police arrived showed a BAC of .115 percent, the report said. Illinois law says drivers are presumed to be drunk with a BAC of .08 percent or more.

Results of the test Stratton took are not admissible in court, however. After his arrest, Stratton refused to take another, more accurate breath test that can be used as evidence. As a result, Stratton’s driver’s license has been suspended for one year, effective April 11.

Adam Giganti, Stratton’s lawyer, said his client will be allowed to drive beginning May 11, as long as he uses an interlock device that prevents a vehicle from running if the driver has alcohol in his system.